Hard Rock Quarry (U) Limited v Commissioner Land Registration & Another
Hard Rock Quarry (U) Limited v Commissioner Land Registration & Another (Civil Appeal No. 115 of 2015) [2019] UGHC 25 (11 December 2019)
The court held that an affidavit commissioned by an advocate who has been barred from practice is incompetent and cannot be relied upon as evidence. The commission to act as a commissioner for oaths is tied to the advocate's valid practising certificate, and once the advocate is disbarred, any affidavits commissioned thereafter are invalid. The court struck out the affidavit in reply by Abid Alam, as it was commissioned by Augustine Ssemakula after he had been barred. The court further found that the absence of a response from the respondents does not amount to an admission of the applicant's…
Source excerpt
- Affidavit Validity
- Commissioner For Oaths Disqualification
- Land Registration Disputes
- Judgment By Admission
- Ex Parte Proceedings